NAND Flash Memory Products. “NAND Flash Memory Products” are NAND (both binary and MLC Flash Memory) Flash Memory Integrated Circuits (“ICs”), excluding any products with process design rules generally greater than .25 microns. Embedded IC’s incorporating NAND Flash Memory Products shall be considered to constitute “NAND Flash Memory Products” if the main function and value of such IC is flash memory, but shall not be considered to constitute “NAND Flash Memory Products” if the main function and value of such IC is logic. For the purpose of the foregoing, the “main function and value” of any product shall be considered to be flash memory if (x) the total NAND flash memory array area is greater than [***] of the total die area or (y) the product is a cut-down or derivative of a standard NAND Flash Memory Product.
NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Facility.
(b) Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified **** as New Y2 lots are referred to as “New Y2 NAND Flash Memory Products.” “JV New Y2 NAND Flash Memory Products” are New Y2 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:
NAND Flash Memory Products. Section 3.2 NAND Process Technology Section 6.1(a) Non-Defaulting Party Section 6.10(d) Non-Investing Party Section 6.3(c)(i) Non-Originating Party Section 6.5(e) Originating Party Section 6.5(e) Parties Heading Product Development Agreement Section 2.1(c)(ii) Proprietary NAND Flash Memory Products Section 6.5(d) Purchase and Supply Agreements Section 2.1(b)(v) Qualification Wafers Section 6.6(a)(iv) Ramp-Up Plan Section 6.3(b) Requesting Party Section 8.1(d)(i) [***] Section 6.3(c)(ii) [***] Section 6.3(c)(ii) SanDisk Heading SanDisk Corporation Heading SanDisk Financing Section 6.10(b)(iii) SanDisk International Heading
NAND Flash Memory Products. Section 3.2(a)(i) Non-Defaulting Party Section 6.12(d) Non-Engineer SanDisk Team Members Section 6.10(b)(ii) Non-Investing Party Section 6.3(a)(ii) Non-JV Space Section 3.3(b) Non-NAND Products Section 3.2(b)(iv) Non-Originating Party Section 6.6(e) Originating Party Section 6.6(e) Parties Heading Phase I Section 3.3 [***] Section 6.7(a)(i)(B) Phase I Investing Party Section 6.3(a)(i) Phase I Minimum RUP Commitment Section 6.3(a)(i) [***] Section 6.3(a)(i) Phase II Section 3.3 [***] Section 6.7(a)(ii) Phase II Construction Plan Notice Section 6.7(a)(i)(A) Phase II Investing Party Section 6.3(a)(ii) Phase II Minimum RUP Commitment Section 6.3(a)(ii) Phase II Non-Investing Party Section 6.3(a)(ii) Process Technology Section 6.2(a) Product Development Agreement Section 2.1(c)(ii) Proposal Section 6.3(c)(i) Proprietary NAND Flash Memory Products Section 6.6(d) Purchased Capacity Section 6.7(c) Qualification Wafers Section 6.8(a)(v) R/W Section 3.2(b)(iii) Requesting Party Section 9.1(d)(i) Reservation Option Section 6.7(a) Reservation Payment Section 6.7(b) Restructuring Costs Section 9.1(j)(ii)(B) RMPA Section 2.1(c)(x) SanDisk Heading SanDisk Corporation Heading SanDisk Engineers Section 6.10(a)(ii) SanDisk Financing Section 6.12(b)(iii) SanDisk Flash Heading SanDisk Flash-Flash Forward Services Agreement Section 2.1(b)(xi) SanDisk Foundry Agreement Section 2.1(c)(vii) SanDisk Purchase and Supply Agreement Section 2.1(b)(v) [***] Section 3.3(b)(ii) [***] Section 3.3(b)(ii) SanDisk Share Section 9.1(j)(ii)(A) SanDisk Team Section 6.10(b) Selling Party Section 9.1(d) Shortfall Quarter Section 7.3 Start-Up Costs Section 7.1 [***] Section 7.3 Termination Capacity Section 9.1(d)(i) Third Party Sale Section 6.3(a)(iii) Threshold NAND Capacity Ratio Section 7.4(b) Toshiba Heading Toshiba Engineers Section 6.10(a)(ii) Toshiba Financing Section 6.12(b)(iii) [***] Section 3.3(b)(i) [***] Section 3.3(b)(i) Toshiba Purchase and Supply Agreement Section 2.1(b)(v) Toshiba’s Cost of Debt Section 8.2(b) Toshiba-Flash Forward Services Agreement Section 2.1(b)(x) Toshiba-SanDisk Flash Services Agreement Section 2.1(b)(ix) Trailing Party Section 6.7(a) Unilateral Expansion Section 3.3(b)(iii) Unilateral Expansion Space Section 3.3(b)(iii) Variable Manufacturing Costs Section 7.4(a)(ii) Y3 NAND Flash Memory Products Section 3.2(a)(iii) Y3 Ramp-Up Plan Section 6.5(a)(i)(E) Y4 NAND Flash Memory Products Section 3.2(a)(iii) Y4 Ramp-Up Plan Section 6.5(a)(i)(E) Y5 Capacity Ratio Se...
NAND Flash Memory Products. Notwithstanding anything to the contrary in this Agreement, but subject to Section 1.3, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the K1 Facility cleanroom space if and to
NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Facility.
(b) Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified [***] as New Y2 lots are referred to as “New Y2 NAND Flash Memory Products.” “JV New Y2 NAND Flash Memory Products” are New Y2 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:
NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Facility.
(b) Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified **** as New Y2 lots are referred to as “New Y2 NAND Flash Memory Products.” “JV New Y2 NAND Flash Memory Products” are New Y2 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The
NAND Flash Memory Products. Section 2.01 NAND Process Technology Section 6.01(a) New Facility Section 6.01(a) New Operating Agreement Section 2.02
